Deportation Because Of DUI?

A conviction for driving under the influence or DUI can have adverse immigration consequences depending on the defendant’s immigration status. Unfortunately, even though a DUI conviction can have devastating societal consequences for most people involved in a DUI arrest the most serious consequences for first-time offenders can be a license suspension and the associated fines and fees. A noncitizen defendant that suffers a DUI can suffer a vast range of adverse immigration consequences associated with a DUI conviction. For instance in immigration court, the conviction can be a damaging factor in discretionary decisions, including whether the person will be released from immigration detention on bond, or found to be of good moral character.

For non-citizens not in immigration court, a DUI conviction is a bar to Deferred Action for Childhood Arrivals or what is commonly referred to as DACA. Also for those applying for an immigration visa, simply being charged with a DUI can cause revocation of a non-immigrant visa. And combined with other factors, DUI arrests or convictions can lead to inadmissibility or deportability, for example under the alcohol or drug abuse grounds. For these reasons it is important to recognize that a DUI conviction for a noncitizen can have devastating consequences.

GROUNDS FOR REMOVABILITY

Is A DUI A Ground For Removability?

Is A DUI A Ground For Removability?

Fortunately, under current law a California DUI conviction is not a per se ground of removability: it is not an aggravated felony, a crime involving moral turpitude, or other inadmissible or deportable conviction. In spite of this, a DUI conviction can be used against a noncitizen when faced with removal from the United States. Undocumented immigrants are the most susceptible to the adverse immigration consequences of a DUI. As indicated in the Matter of Castillo- Perez, 27 I&N Dec. 662 (A.G. 2019) multiple DUIs are problematic and a single DUI runs afoul of the “good moral character” requirement. If you are a loved one who has DUIs and you are concerned about your immigration situation then consult with the attorneys at Uribe & Uribe APLC for concrete advice.

A DUI Conviction Is A Bar To DACA

A Driving Under the Influence charge is detrimental to a non-citizen with DACA status. Simply put anyone with a DUI on your record you will not be able to renew your DACA status and you may very well suffer even more adverse immigration consequences. The reasoning for this is that a misdemeanor DUI conviction under Cal. Veh. Code section 23152 or 23153 is a significant misdemeanor and a bar to eligibility for DACA.

A DUI Charge Even Without A Conviction Can Trigger Revocation Of A Non Immigrant Visa

Probably the most susceptible group to the adverse immigration consequences associated with a DUI arrest or conviction are nonimmigrant visa holders. An F-1 student visa, an H-1 employment visa, and others can be revoked as a result of a DUI arrest. Under recent policy guidance, a U.S. consulate may revoke a nonimmigrant visa based on evidence that the person was charged with a DUI offense, even if there was non-conviction.

Possible Bar To Asylum Or Withholding Of Removal

Possible Bar To Asylum Or Withholding Of Removal

Conviction of a “particularly serious crime” is a bar to asylum and withholding of removal. Whether any given conviction is a particularly serious crime depends on a number of factors, including the nature of the offense, the underlying facts, and the sentence imposed.

Discretionary Denial Of Immigration Bond

Discretionary Denial Of Immigration Bond

A DUI conviction often will result in a discretionary denial of bond and release from ICE detention. A reckless driving conviction is an adverse factor in bond and release determinations, but it appears to be significantly less damaging than a DUI.

Current Consequences Of A Charge Or Conviction For Driving Under The Influence

Inadmissibility

A DUI conviction has some limited, but important, adverse effects on admissibility. A DUI conviction is not a ground for inadmissibility per se. A DUI charge or conviction nevertheless might cause inadmissibility in the following ways.

  • 1
    Inadmissible For Convictions For 2 Or More Offences Of Any Type, With A Total Sentence Imposed Of 5 Years Or More.
  • 2
    A DUI Involving Alcohol: Inadmissible As An Alcoholic, Which Is A Physical Or Mental Disorder.
  • 3
    A Person Is Inadmissible Who Is Convicted Or An Offense Relating To A Federally- Defined Controlled Substance.
  • 4
    Current Drug Addict Or Abuser.

APPLICABLE LAW

Matter Of Castillo-Perez,
27 I&N DEC. 664 (A.G. 2019)

Matter Of Castillo-Perez,
27 I&N DEC. 664 (A.G. 2019)

Immigration rules and applicable laws are often changing. These changes can have drastic consequences for non-citizen defendants. For instance, take into account the Matter of Castillo- Perez an Attorney General 2019 opinion published in 2019. See below for more information.

The Attorney General has issued a decision in the Matter of CASTILLO-PEREZ, 27 I&N Dec. 664 (A.G. 2019).

  • 1
    The Immigration and Nationality Act’s “good moral character” standard requires adherence to the generally accepted moral conventions of the community, and criminal activity is probative of non-adherence to those conventions.
  • 2
    Evidence of two or more convictions for driving under the influence during the relevant period establishes a presumption that an alien lacks good moral character under INA § 101(f), 8 U.S.C. § 1101(f).
  • 3
    Because only aliens who possessed good moral character for a 10-year period are eligible for cancellation of removal under section 240A(b) of the INA, 8 U.S.C. § 1229b(b), such evidence also presumptively establishes that the alien’s application for that discretionary relief should be denied.